The state of the art defence : defining the Australian experience in the context of pharmaceuticals

Tsui, Mabel (2013) The state of the art defence : defining the Australian experience in the context of pharmaceuticals. QUT Law Review, 13(1), pp. 132-157.

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Abstract

One of the defences within Part 3-5 of the Australian Consumer Law is the state of the art, or development risk defence. This defence, although significant, has often been neglected in Australian jurisprudential analysis and has triggered at most generic academic analysis. However, with the rise of pharmaceutical and medical device litigation in Australia, it could become a vital weapon for Australian manufacturers against product liability claims. This paper will firstly review the two ways this defence could operate. It will also discuss the three types of defects which the defence could apply to. This paper aims to determine exactly when and how this defence should apply in Australia, in the context of pharmaceutical product liability claims.

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ID Code: 64532
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: pharmaceuticals, product liability, development risk defence, Australian Consumer Law
ISSN: 2201-7275
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Tort Law (180126)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Australian Centre for Health Law Research
Current > Schools > School of Law
Copyright Owner: Copyright 2013 The Author
Copyright Statement: This work is licensed under a Creative Commons Attribution 3.0 License
Deposited On: 17 Nov 2013 23:08
Last Modified: 19 Nov 2014 08:23

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